There are a few laws that must be followed in Idaho when you create a rental application for tenants. Failure to comply with these rules could lead to serious legal consequences and allow the tenant to sue.
Application Fee
You can charge as much as you wish as a rental application fee. There are no laws in Idaho providing a set limit, although it is recommended to only charge enough to cover the costs of any background checks. Any amount charged to the tenant is also non-refundable.
Security Deposit
Similar to the application fee law, there is no Idaho statute defining a limit on the amount landlords can charge tenants for security deposits. There is also no requirement for the provision of receipts or holding requirements. However, the landlord is obligated to keep valid records of any security deposits they are sent.
Housing Discrimination Law
In Idaho, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on an Idaho Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
Tenants must be told about any specific screening criteria, as well as the reasons that they could be denied or approved by the landlord. To show that this information has been shared, a signature of acknowledgment from the tenant is required.
Consent Credit Check
Under the Federal Credit Reporting Act (FCRA), tenants being screened in Idaho must consent to any credit checks you wish to carry out. To make sure you comply with the law, the applicant must provide written acknowledgment of the screening on the application form.